RAGHUNANDAN GOPE Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the State.

(2.) The appellant has been convicted under Section 395 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for ten years.

(3.) The prosecution case is that in between the night of 17/18 th June, 1980 at about 1:00 A.M. in the mid night while the informant Lala Mahto was sleeping at his roof of his house then three persons came and surrounded him. Thereafter 20-22 persons were entered into the house of the courtyard and ransacked the house. The dacoits who were outside of the house were firing and then the villagers collected. It is stated that the villagers were surrounded, assaulted the dacoits by Lathi and Danda. The informant along with some persons was restraining the villagers not to assault the dacoits. It is further alleged that the looted articles were recovered from the five dacoits. Four dacoits were killed by the villagers and one dacoit who was caught by the villager was brutally assaulted. The said person who was injured disclosed his name as Raghunandan Gope. He disclosed the name of the four dacoits and stated that they were returning after distributing the booty of loot in dacoity and has stated that he used to go for begging.